Cases On Rescission Of Contracts And Restitution At Law And In Equity
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Cases On Rescission Of Contracts And Restitution At Law And In Equity
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Author : John Philip Dawson
language : en
Publisher:
Release Date : 1936
Cases On Rescission Of Contracts And Restitution At Law And In Equity written by John Philip Dawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1936 with Contracts categories.
Cases And Materials On The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher:
Release Date : 2007
Cases And Materials On The Law Of Restitution written by Andrew S. Burrows and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.
Cases On Restitution
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Author : John Philip Dawson
language : en
Publisher: Indianapolis : Bobbs-Merrill
Release Date : 1969
Cases On Restitution written by John Philip Dawson and has been published by Indianapolis : Bobbs-Merrill this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Law categories.
The Law Of Rescission
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Author : Dominic O'Sullivan QC
language : en
Publisher: Oxford University Press, USA
Release Date : 2022-11-09
The Law Of Rescission written by Dominic O'Sullivan QC and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-09 with categories.
The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.
Cases On Restitution
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Author : Edwin Wilhite Patterson
language : en
Publisher:
Release Date : 1950
Cases On Restitution written by Edwin Wilhite Patterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with Contracts categories.
Landmark Cases In The Law Of Restitution
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Author : Charles Mitchell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-04-18
Landmark Cases In The Law Of Restitution written by Charles Mitchell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-18 with Law categories.
It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Gain Based Damages
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Author : James Edelman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-04-19
Gain Based Damages written by James Edelman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-19 with Law categories.
On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Unjustified Enrichment
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Author : David Johnston
language : en
Publisher: Cambridge University Press
Release Date : 2002-04-18
Unjustified Enrichment written by David Johnston and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-18 with Law categories.
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
The Law Of Restitution written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Restitution is increasingly covered at undergraduate level in courses on contract, tort, common law and obligations. This book provides comprehensive coverage of the subject, including detailed examination of such areas as subrogation, limitation of actions and conflict of laws.
Commercial Remedies Resolving Controversies
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Author : Graham Virgo
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-06
Commercial Remedies Resolving Controversies written by Graham Virgo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-06 with Law categories.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.